Designated for publication per curiam (Jolly, Engelhardt, Oldham), criminal, sentencing, Miranda Affirming conviction and 235-month sentence on drug and firearm offenses. The Court held that the district court did not err in denying a motion to suppress a non-Mirandized statement by the defendant upon his arrest that he had a handgun in his bedroom, because … More February 26, 2024, opinions
Designated for publication Jones, J. (Jones, Haynes, Douglas), criminal, sentencing, restitution Affirming convictions for healthcare fraud and receiving Medicare kickbacks, upholding the admission of recordings of the co-conspirators, the calculation of the amount of improper benefit for sentencing purposes, and the calculation of the restitution award. per curiam (voting against en banc rehearing: Stewart, Elrod, … More February 19-21, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), Dennis, J., dissenting; qualified immunity Reversing denial of qualified immunity summary judgment on behalf of officers who attempted to execute a search warrant through a SWAT team, but on the wrong address (though the warrant itself showed the correct address), and remanding with instructions to dismiss. The … More February 1, 2024, opinions
Designated for publication Jones, J. (joined by Richman, Smith, Stewart, Southwick, Haynes, Duncan, Engelhardt, Wilson, JJ.); Graves, J., dissenting (joined by Elrod, Higginson, Willett, Ho, Douglas, JJ.); Higginson, J., dissenting (joined by Elrod, Graves, Willett, Ho, Oldham, Douglas, JJ.); Willett, J., dissenting (joined by Elrod, Graves, Higginson, Ho, Douglas, JJ.); Ho, J., dissenting (joined by … More January 23, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Wilson), bankruptcy Reversing district court’s dismissal of preference action by secured creditor of debtor that had received the debtor’s rights in the preference action against the former CFO of debtor to avoid transfers of funds to the former CFO just prior to the debtor’s bankruptcy petition, and remanding … More January 22, 2024, opinions
Unpublished per curiam (Richman, Haynes, Duncan), qualified immunity Affirming summary judgment dismissal of excessive force and false arrest claims on qualified immunity grounds, reversing denial of qualified immunity on fabrication of evidence claim, and remanding for entry of summary judgment dismissing all claims. per curiam (Clement, Engelhardt, Ramirez), prisoner suit Dismissing as frivolous appeal from … More January 19, 2024, opinions
Designated for publication Duncan, J. (Smith, Higginson, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of stay for habeas petitioner to return to state court to exhaust a procedurally defaulted IAC claim, denying additional certificate of appealability on IAC claim, and affirming denial of habeas relief on petitioner’s claim that state trial judge committed … More January 15-17, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions
